Hughes v. Wheeler
California Supreme Court
Appeal from a judgment of the Superior Court of Fresno County, and from an order refusing a new- trial. The action was brought to recover the possession of a quarter-section of land.
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Appeal from a judgment of the Superior Court of Fresno County, and from an order refusing a new- trial. The action was brought to recover the possession of a quarter-section of land. On the trial the court, inter alia, instructed the jury as follows: “If you believe from the evidence that plaintiff, before this action was brought, by unequivocal acts and declarations, showed an intention to act upon the line claimed by defendant as the dividing line between the lands, and silently stood by and saw defendant expend money in improving his land, such acts upon the part of plaintiff estop him…
1Opinion of the Court
Foote, C.
Action in ejectment. The jury found, upon particular questions of fact submitted to them,—• 1. That the plaintiff was the owner and entitled to the possession of the quarter-section of land described in the complaint; 2. That the defendant at no time prior to the commencement of the action withheld any portion of that quarter-section of land from the plaintiff; —and returned a general verdict for the defendant.
Thereupon a judgment for costs was rendered in favor *232of the defendant. From that and an order refusing a new trial the plaintiff appeals.
The plaintiff contends that the…
2Cases cited8 opinions
- Davis v. DavisCalifornia Supreme Court · 1864
- Robinson v. Western Pacific RailroadCalifornia Supreme Court · 1874
- Sneed v. OsbornCalifornia Supreme Court · 1864
- Robinson v. ForrestCalifornia Supreme Court · 1865
- Chapman v. PolackCalifornia Supreme Court · 1886
3 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Hamlin v. Pacific Electric Ry. Co.California Supreme Court · 1907
- Hoover v. KingOregon Supreme Court · 1903
- Spear v. United RailroadsCalifornia Court of Appeal · 1911
- Sukeforth v. LordCalifornia Supreme Court · 1891
- Bechtel v. ChaseCalifornia Supreme Court · 1909
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